Dawes Commission No. 355. United States court No. 7. Citizenship court No. 50. Commission No. 92.
Record
September 8, 1896. Application was made to the commission for the enrollment of Letha Ann Harper. Edgar Batt Harper, William E. Moore, William Lenlord Moore, Lizzie Bell Moore, John Marshall Moore, Abb Lewis Moore, Jackson Moore, Victoria Moore, Daisy Deen Moore, Carl Debrah Moore, Anna Gertrude Moore, Maggie Ethel Moore, as Choctaw Indians by blood. Applicants claim through their father or grandfather, William McCager Moore, who was a son of Nittuchachee, a chief of the Choctaw Nation in 1830, and one of the fourteenth article reserves under the treaty of that year. William McCager Moore had the following children: John M. Moore, William E. Moore, Letha Lewis (Mrs. W. E. Lewis nee Moore).
William McCager Moore moved to and settled in the Choctaw Nation near Culaohaha in 1874 or 1875. It appears from the testimony of many Indian witnesses that William McCager Moore and his children lived continuously in the Choctaw Nation, with the exception of brief intervals, and that all of the claimants herein were bona fide residents of the Choctaw Nation in 1893, and have since maintained such residence. They have held land, issued permits to nonresidents, and exercised all the rights of admitted Choctaw citizens. Some of their children were educated in Choctaw schools. On the roll of citizens of Sugar Loaf County, of the Choctaw Nation, prepared bv Elam McCurtain, S. W. Folsom, and Jefferson J. Mc- Elroy, in 1896, appear the following names, opposite the following numbers:
820. William E. Moore.
821. Leonard Moore.
822. Lizzie Moore.
823. Marshall Moore.
824. Absolam Moore.
825. Jackson Moore.
On the line immediately preceding the first of the above names appear the words: “Rejected, Not admitted.” There is a line drawn through each name. There is no notation as to when nor by whom nor by what authority this was done.
The record shows that in 1884 William McCager Moore applied to the Choctaw council for the enrollment of himself and children; that there were a large number of citizenship cases pending, and that no action was taken upon his application: that he was instructed to return at the next council and his case would be acted upon.
The record shows that on the fith day of November 1884, the application of William M. Moore and his children was presented to the Choctaw council and rejected. In 1895 Mrs. W. E. Lewis, sister of William E. Moore and John M. Moore, applied to the Choctaw council for the enrollment of herself and children, and that she and her children were duly admitted to citizenship.
In the record appears the following certificate of the enrollment on the final approved rolls of the children of Mrs. W. E. Lewis:
Department Of The Interior
Commission To The Five Civilized Tribes.
I, Tams Bixby, chairman of the Commission to the Five Civilized Tribes, do hereby certify that the names of Frank Lewis, Belle Lewis, Annie Lewis, Curtis Lewis, Alice Lewis, Winnie Lewis, and Wallis G. Lewis appear upon the approved roll of the citizens by blood of the Choctaw Nation, opposite Nos. 7086, 7987, 7988, 7989, 7990, 7991, and 7992, respectively, and that their enrollment us such was approved by the Secretary of the Interior January 17, 1903.
In testimony whereof I have hereunto set my hand this 28th day of November, 1903, at Muskogee, Ind. T.
Tams Bixby, Chairman.
Accompany the petition to the commission are a large number of affidavits of Indian citizens testifying to the blood, descent, residence, and recognition of the claimants as Choctaw Indians, of which the following is a sample:
Choctaw Nation, Wade County. Ind. T.
Before the undersigned notary public appeared Gilbert W. Thompson and. after being sworn, says: ” I am 47 years of age and a resident of the Choctaw Nation, and post-office address is Tuskahoma. Ind. T.. and that I am a Choctaw Indian by blood, born and raised in the Choctaw Nation. I am now holding my first term of office of county judge of Wade County. I was Judge of Skullyville County four years while I lived there. I was elected senator from Wade and Cedar Counties the last election, the 5th day of August, 1806.” Affiant further states that about the year of 1873 or 1874 he attended the Masonic lodge at Greenwood, Ark., and while there he met and became acquainted with William McCager Moore, who was then living at or near Greenwood, Ark. “I heard that he had recently come from Mississippi and had started to the Choctaw Nation with his family. He told me he was an Indian. I noticed him particular. His way and appearance and looks made me believe he was an Indian. About the year of 1875 or 1876 I was going over in the State, and I again saw him in Sugar Loaf County, Ind. T.. where he lived for several years, and I got acquainted with his family, frequently stopping when passing. I got acquainted with Mr. William McCager Moore’s daughter. Letha Ann Moore, who In after years married W. W. Harper. She had long, straight, black hair; her face (physical appearance) favored a Choctaw Indian race. The family has and was regarded Choctaw Indians, her father, owning places, paying permits for renters as other citizens. In the year of 1881 our chief, Jack F. McCurtain, put out of the nation the whites that was claiming to be citizens and a great number of people that did not claim citizenship. I was one of his staff officers. The chief had a talk with William McCager Moore In my presence, and he told him (Moore) to say and pay permits for his renters and to come down to council and he would help establish his right. His health now became bad, and he lingered along and died in about 1885. I was present at the council of 1895 when Bettie A. Lewis’s (sister of Mrs. Letha Ann Harper) citizenship was voted on in the house and senate, and from what the members knew personally and the evidence there was not a vote cast against her citizenship, and it was unanimously agreed upon.” Affiant further states: “From the above facts and a number of other circumstances I firmly believe that William McCager Moore’s family are Indians by blood and descent and justly entitled to citizenship In the Choctaw Nation. I am not related nor of any kin and have no interest whatever in the clam of Letha Ann Harper nor none of the family, and I make this affidavit purely because I honestly believe in the justice of their rights that it is due her.”
G. W. Thompson.
Subscribed and sworn to this 26th day of August, 1896.
[seal.]
F. M. Fuller, Notary Public.
My commission expires February 13, 1900.
On November 7, 1903, Judge Gilbert Thompson appeared as a witness before the citizenship court and corroborated all the statements in the above affidavit, going into minute detail. His testimony was unshaken on cross-examination. In the papers in the case appears his letter signed by Gilbert W. Dukes, chief of the Choctaw Nation, who was at one time attorney for applicants. The letter is as follows:
Talihina, Ind. T.,
July 11, 78,97.
Mr. Jok Gardner,
McAlester, Ind. T.
Dear Joe:
I write to ask you to get you and Judge Stewart to give your consent as attorneys for the Choctaw Nation to admit Victory Moore and her children., wife of John Moore, deceased: William Moore, his wife and children; Lehta Harper’s child, wife of W. W. Harper, who is now dead. I know the evidence in their favor. They have been in the nation for 20 or 25 years. I am personally acquainted with the members of the Moore family: they are brothers and sisters of Bettie A. Lewis, who was admitted by act of counsel without a dissenting vote. It is just and right to admit them. They are good. poor Choctaws. I am getting well and will soon be ready for the fight. Keep up the fire all along the line. I would not have missed going to court for anything.
Your friend,
G. W. Dukes.
On November 7, 1903, Gilbert W. Dukes appeared as a witness for the claimants before the Choctaw-Chickasaw citizenship court, his testimony appearing on pages 45 to 56, and testified as to the blood, residence, and recognition of the claimants as Choctaws. Many other Choctaw citizens, who made affidavit in 1890 in support of the application before the commission, appeared before the citizenship court and testified in behalf of the claimants.
December 2, 1896. The commission rendered a decision in words and figures as follows, to wit: “Denied.”
From this decision an appeal was taken to the United States court, central district. Indian Territory, sitting at McAlester. The record of the Dawes Commission was transferred to the court, additional testimony taken, and on August 24. 1897, judgment was entered admitting the following persons: William E. Moore, William L. Moore, Lizzie Belle Moore, John Marshall Moore, Abb Lewis Moore, Jackson Moore, Daisy Dean Moore, Carl D. Moore, Anna G. Moore. Maggie E. Moore, Edgar B. Harper. Victory Moore, and Catherine Moore.
(Certified copy of judgment hereto attached, marked “‘ Exhibit A.”
December 17, 1902. Judgment of the United States court vacated by decree of the citizenship court in test case.
“March 13, 1903. Case certified to citizenship court for trial de novo; record certified to citizenship court: much additional testimony taken by claimants; no testimony offered by nations.
March 28,1904. Decree entered denying all claimants.
March 2,1906. Petition for the enrollment of claimants filed under regulations adopted by the commission January 2,1906.
June 9, 1906. Applications filed for the enrollment of the following new-born children: Teddy Moore, Ethel Moore, and John M. Moore.
September 4, 1906. Hearing had in the office of the commission at Muskogee. Claimants examined as to the appearance of their names on the tribal rolls. On page 5 of the record of the commission, at the hearing had at Muskogee, appears the following:
By Mr. Welch: Have the commission the county census rolls as prepared by each county commission, census roll of 1896?
By the Commissioner: On the roll of citizens of Sugar Loaf County of the Choctaw Nation appear the following names: William K. Moore, opposite No. 820; Leonard Moore, opposite No. 821; Lizzie Moore, opposite No. 822; Marshall Moore, opposite No. 823; Absolum Moore, opposite No. 824; Jackson Moore, opposite No. 825.
Following the list of names among which the above names appear, appears the following certificate:
“We do hereby certify these names in the enrollment book is a true and correct list of citizens by blood.”
Given under our hand and seal this 28th day of October. A. D 1896.
Elam McCurtain,
S. W. Folsom.
Jefferson T. McElroy, Commissioners
The names of William K. Moore, Leonard Moore, Lizzie Moore, Marshall Moore, Absolum Moore, and Jackson Moore appear to have been stricken from said roll, a line having been drawn through each name.
February 23, 1907. The commission rendered a decision denying the enrollment of claimants under the provisions of the act of July 1, 1902; which was construed by the department as precluding the consideration of any application by the commission of any person whose name did not regularly appear upon the tribal rolls.
Literal copy of opinion of the commission hereto attached and marked “Exhibit B.”
February 27, 1907. Record transmitted to department.
March 4, 1907. Decision of the commission pro forma approved by Secretary.
Counsel for claimants respectfully submit that the following persons are in law, equity, and good conscience entitled to enrollment.
Admitted by United States court in judgment of 1897: William E. Moore, William L. Moore, Lizzie Belle Moore, John Marshall Moore, Abb Lewis Moore, Jackson Moore, Daisy Deen Moore, Carl D. Moore, Anna G. Moore, Maggie E. Moore, Edgar B. Harper, as citizens by blood, and Victoria Moore and Catherine Moore, as citizens by intermarriage, and the following persons for whose enrollment application was made to the commission in 1898: Freda G. Moore, Eva Moore, Dewey W. McMurtry, and for the following new-born children: Tiney Moore, Oluga Moore, Bulah Moore, David Moore, Blanche McMurtry, Ethel Moore, Teddy Moore. John William McMurtry.
Exhibits attached.
Respectfully submitted.
Ballinger & Lee.
United States Of America,
Indian Territory, central district, ss:
In the United States court In the Indian Territory, central district, at a term thereof begun and held at South McAlester, in the Indian Territory, on the 24th day of August, A. D. 1897; present, the Hon. William H. H. Clayton, judge of said court.
The following order was made and entered of record, to wit:
William E. Moore et al. v. Choctaw Nation. No. 7. Judgment.
On this the 24th day of August, 1897, this cause coming on to be heard by the court, and W. W. Wallis, Esq., appearing for the appellants, and Stewart, Gordon & Hailey, Esqrs., appearing for the appellees, and all parties having announced ready for trial, and the pleadings and the evidence being submitted to the court, and the court, being well and sufficiently advised in the premises, doth find that William E. Moore, William L. Moore, Lizzie Belle Moore, John Marshall Moore, Abb Lewis Moore, Jackson Moore, Daisy Dean Moore, Carl D. Moore, Anna G. Moore, Maggie E. Moore, and Edgar B. Harper are Choctaw Indians by blood and reside in the Choctaw Nation, Ind. T., and are entitled to all the rights, privileges, benefits, and immunities of other Choctaw Indians by blood. The court further finds that Victory Moore is the widow of John N. Moore, deceased, who was a Choctaw Indian by blood, and as such widow she Is entitled to all the rights, benefits, privileges, and immunities as other citizens of the Choctaw Nation by intermarriage. The court further finds that Catherine Moore is the wife of William E. Moore, who is a Choctaw Indian by blood, and as such wife of an Indian she is entitled to be enrolled and have all the rights, benefits, privileges, and immunities of other citizens of the Choctaw Nation by intermarriage. That each of said intermarried citizens last aforesaid reside in the Choctaw Nation. Ind. T. Therefore it is ordered, decreed, and adjudged by the court that the appellants herein, the said William E. Moore, William L. Moore, Lizzie Belle Moore, John Marshall Moore, Abb Lewis Moore, Jackson Moore, Daisy Dean Moore, Carl D. Moore, Anna G. Moore, Maggie E. Moore, and Edgar B. Harper are Choctaw Indians by blood and shall be enrolled as such and shall have all the rights, benefits, privileges, and immunities that other Choctaw Indians enjoy or are entitled to. It is further ordered, decreed, and adjudged by the court that Victory Moore and Catherine Moore are Choctaw citizens by intermarriage, and as such shall be enrolled and shall have and receive all the rights, benefits, privileges, and immunities that other Choctaw citizens by intermarriage enjoy or are entitled to. It is further ordered by the court that the clerk of this court transmit, under his official hand and seal, to the Commission to the Five Civilized Tribes, known as the Dawes Commission, a certified copy of this judgment, which shall operate as a mandate requiring the said commission to place the names of the aforesaid parties on the rolls prepared, or to be prepared, of the citizens of the Choctaw Nation.
It is further ordered, decreed, and adjudged by the court that the judgment heretofore rendered in this cause by the aforesaid commission be, and the same Is hereby, reversed and held for naught, and that the appellants herein have and recover of and from the Choctaw Nation all their costs expended in this behalf.
This is to certify that I am the officer having custody of the records pertaining to the enrollment of the members of the Choctaw, Chickasaw, Cherokee, Creek, and Seminole Tribes of Indians and the disposition of the land of said tribes, and that the above and foregoing is a true and correct copy of a certified copy of the judgment of the court, dated August 24, 1907, on file in this office in the matter of the claim of William E. Moore et al. for enrollment as members of the Choctaw Tribe of Indians.
Dated at Muskogee. Okla., this 17th day of October 1910.
J. Geo. Wright,
Commissioner to the Fire Civilized Tribes.
By W. H. Angell, Clerk in charge of Choctaw records.
William E. Moore, Exhibit B.
Department Of The Interior.
Commissioner To The Five Civilized Tribes.
In the matter of the application for the enrollment of William E. Moore et al. as citizens by blood of the Choctaw Nation.
Decision
It appears from the record herein and from the records in the possession of the Commissioner to the Five Civilized Tribes that application was made to the Commission to Five Civilized Tribes at Wister, Ind. T.. on June 6. 1899. by William K. Moore, for the enrollment of himself and his children, William L. Moore, John M. Moore, Absolam L. Moore, and Jackson Moore, as citizens by blood of the Choctaw Nation, and for the enrollment of his wife. Catherine Moore, as a citizen by intermarriage of said nation; that on June 23, 1900, written application was filed for the enrollment of Freda Gertrude Moore, minor child of William E. Moore and Catherine Moore, as a citizen by blood of the Choctaw Nation; that on December 24, 1902. written application was filed for the enrollment of Eva Moore, minor daughter of Leonard Moore and Jessie I,. Moore, as a citizen by blood of the Choctaw Nation: that on June 6, 1899. application was made to the Commission to the Five Civilized Tribes by Lizzit McMurtry for the enrollment of herself and her minor son, Dewey W. McMurtry. as citizens by blood of the Choctaw Nation.
It further appears from the records in the possession of the Commissioner to the Five Civilized Tribes that application was made to the Commission to the Five Civilized Tribes on September 8, 1896, for admission to citizenship in the Choctaw Nation, among others, of the applicants. William E. Moore, William L. Moore (as William Lenlord Moore). John M. Moore (as John Marshall Moore). Absolum L. Moore (as Abb Lewis Moore), Jackson Moore, and Lizzie B. McMurtry (as Lizzie Hell Moore), and on December 2, 1896, said commission denied said application.
From this decision of the commission an appeal was taken to the United States court for the central district of Indian Territory, which court on August 24, 1897, reversed the decision of the commission and admitted said applicants as citizens by blood of the Choctaw Nation. The judgment of said court also included the name of Catherine Moore, and admitted said Catherine Moore as a citizen by intermarriage of the Choctaw Nation.
Said judgment was subsequently vacated, set aside, and held for naught by a decree of the Choctaw-Chickasaw citizenship court on December 17, 1902, in the test case of Choctaw and Chickasaw Nations or Tribes v. J. T. Riddle et al.
Said cause was subsequently certified to the Choctaw and Chickasaw citizenship court, created under the provisions of the act of Congress approved July 1, 1902 (32 Stat.. 641). for a trial de novo. and on March 28, 1904, in the case of William E. Moore et al. v. Choctaw and Chickasaw Nations (Choctaw-Chickasaw citizenship court case No. 68. South McAlester docket), said citizenship court rendered a judgment therein wherein it was “ordered, adjudged, and decreed that the petition of the plaintiffs. William E. Moore. William E. Moore, Lizzie Belle Moore (or Lizzie B. McMurtry), John Marshall Moore (or Marshall J. Moore), Abb Lewis Moore (or Absolam L. Moore), Jackson Moore, and Catherine Moore (or Katherine Moore) be denied, and that they be declared not citizens of the Choctaw Nation and not entitled to enrollment as such citizens and not entitled to any rights whatever flowing there from.”
On May 27. 1904. the Commission to the Five Civilized Tribes issued orders dismissing the application for the enrollment of Freda Gertrude Moore, Eva Moore, and Dewey M. McMurtry as citizens by blood of the Choctaw Nation, for the reason that the citizenship of the persons through whom said applicants claimed their right to enrollment had been adversely determined by the Choctaw-Chickasaw citizenship court.
Under the regulations adopted by the Commissioner to the Five Civilized Tribes January 2, 1906, there was filed on March 2. 1906, a petition verified by William E. Moore, praying for the enrollment of William E. Moore, Catherine R. Moore. Toney Moore, Jackson Moore, Freda G. Moore, Leonard Moore, Tiney Moore, Eva Moore, Bulah Moore, Marshall Moore, Oluga Moore, David Moore, Lizzie B. McMurtry, Wallace McMurtry, and Blanche McMurtry as citizens by blood of the Choctaw Nation.
The petitioners, William E. Moore, Catherine R. Moore, Jackson Moore, Freda G. Moore, Leonard Moore, Eva Moore, Marshall Moore, Lizzie B. McMurtry, Wallace McMurtry and Toney Moore, are Identical with the persons for whose enrollment as citizens of the Choctaw Nation application was made under the provisions of the act of Congress approved July 1, 1902. This office has no record of any application ever having been made for the enrollment of the petitioners. Tiney Moore, Bulah Moore, Oluga Moore, David Moore, and Blanche McMurtry prior to December 1, 1905.
On June 9, 1906, applications were received for the enrollment of the following persons as citizens by blood of the Choctaw Nation under the provisions of the act of Congress approved April 26, 1906 (34 Stat., 137); Teddie Moore, born January 24, 1905, minor daughter of William L. Moore and Jessie L. Moore; Ethel Moore, burn August 2, 1905, minor daughter of John M. Moore and Olga Moore: John William McMurtry. born January 25. 1905, minor son of Allen McMurtry and Lizzie B. McMurtry.
The petitioners base their claim to a right to enrollment as citizens of the Choctaw Nation upon the allegation that the names of certain of the petitioners were placed on the 1896 Choctaw census roll.
It does not appear from the record herein or from the records in the possession of the Commissioner to the Five Civilized Tribes that any of the petitioners have ever been recognized as citizens of the Choctaw Nation by any duly constituted authority. Their names do not appear upon any of the authentic rolls of citizens of the Choctaw Nation in the possession of the Commissioner to the Five Civilized Tribes.
There is, however, in the possession of the Commissioner to the Five Civilized Tribes a roll of citizens of Sugar Loaf County of the Choctaw Nation, prepared by Elum McCurtain, S. W. Folsom. and Jefferson J. McElroy. The names of certain of the petitioners appear on said roll, as follows: William E. Moore opposite No. 820. Leonard Moore opposite No. S21. Lizzie Moore opposite No. 822, Marshall Moore opposite 823. Absolam Moore opposite No. 824. and Jackson Moore, opposite No. 825.
On the line Immediately preceding the first of the above names and In apparently the same handwriting appear the words “Rejected, not admitted.” Said names were stricken from this roll, a line being drawn through each name. Following the list of names composing this roll, and among which the above names appear. Is the following certificate:
“We hereby certify that these names in the enrollment book Is a true and correct list of citizens by blood. (liven under our hand and seal this 20th day of October. A. D. 1896.
[Seal] Elum McCurtain
[Seal] S. W. Folsom.
[Seal.] Jefferson J. McElroy
It is presumed that said commissioners were appointed under the provisions of the act of the Choctaw Council of September 18, 1896, which provided for the appointment of three commissioners in each county by the principal chief for the purpose of preparing a roll of citizens of the several counties of the Choctaw Nation, and the names of the petitioners herein were evidently stricken from said roll by said commissioners. While this roll Is not identical with the memorandum roll transmitted to the department with this office letter of September 1, 1906. In the case of Nancy J. Murphy et al. and returned by the department with its letter of January 12, 1907 (I. T. D. 15978-1906), it appears to have been prepared in a similar manner, and should be given no more consideration than should said memorandum roll be given. This roll has never been considered by this office as an authentic roll of the citizens of the Choctaw Nation, and it is Immaterial to determine by whom and by what authority the names of the applicants herein were stricken from said roll.
It Is claimed that the applicant, William K. Moore, was brother of Bettie A. Lewis, deceased, who was admitted to citizenship In the Choctaw Nation by an act of the Choctaw Council, Frank Lewis, Belle Lewis, Annie Lewis, Curtis Lewis, Alice Lewis, Winnie Lewis, and Wallis G. Lewis, children of Bettie A. Lewis, have been enrolled as citizens by blood of the Choctaw Nation, and their mimes appear on the final roll of citizens by blood of said nation opposite Nos. 7086, 7987, 7989, 7990, 7991 and 7992, respectively.
I am of the opinion that the record herein fails to show that the applicant have ever occupied such a status as would entitle them to enrollment as citizens of the Choctaw Nation; that the action of the Choctaw-Chickasaw citizenship court of March 28, 1904, is final, and that the applications for the enrollment of William K. Moore, William L. Moore, John M. Moore, Absolam L. Moore, Jackson Moore, and Lizzie McMurtry, and the petition herein in so far as same applies to said applications should he denied under the provisions of the act of Congress approved July 1, 1902 (32 Stats.. 641), and it is so ordered.
I am further of the opinion that the application for the enrollment of Catherine R. Moore as a citizen by intermarriage of the Choctaw Nation and the petition herein, in so far as same applies to said applicant, should be denied under the provisions of the act of Congress approved July 1, 1902 (32 Stats., 641), and it is so ordered.
I am further of the opinion that the petition herein in so far ns same applies to the petitioners Freda G. Moore, Eva Moore, and Dewey W. (or Wallace) McMurtry, whose applications for enrollment as citizens by blood of the Choc- taw Nation have heretofore been dismissed by the Commission to the Five Civilized Tribes, should be dismissed, and it is so ordered.
I am further of the opinion that the petition herein in so far as same applies to the petitioners Tiney Moore and Oluga Moore, for whose enrollment as citizens of the Choctaw Nation no application was made prior to December 1, 1905, should be dismissed, and it is so ordered.
I am further of the opinion that the petition herein In so far ns same applies to the petitioners Bulah Moore, Davis Moore, and Blanche McMurtry should be considered as an application for the enrollment of said petitioners as citizens by blood of the Choctaw Nation under the provisions of the act of Congress approved April 26, 1906 (34 Stats.. 137), that said application and the applications filed June 9, 1906. for enrollment of Ethel Moore, Teddie Moore, and John William McMurtry should be denied under the provisions of the act of Congress approved April 26. 1900 (34 Stats.. 137), and it is so ordered.
Tams Bixby, Commissioner.
Muskogee. Ind. T.
February 23, 1907
United States or America,
Indian Territory, Central District.
On this day comes Samuel Garland, who, being first duly sworn, on his oath says: I am a citizen by blood of the Choctaw Nation; my age is 53 years; my post-office address is Kully Chaha, Ind. T.
I knew William M. Moore during his lifetime. He came to the Choctaw Nation in the year 1875 and settled near me. I sold him a claim which I owned near Kully Chaha. Ind. T. Moore always claimed that he was a Choctaw citizen. My uncle Charley Dukes, who was a Choctaw Indian, told me that Moore claimed to be a Choctaw.
I knew Bettie A. Moore, who was married to W. A. Lewis. I also know William E. Moore. William E. and Bettie A. Moore were the children of old man William M. Moore.
William M. Moore lived on the place I sold him until his death, which occurred In the year 1885.
Sam. A. Garland.
Sworn to before me this 29th day of August, 1906.
[seal.] Malcolm E. Rosser, Rotary Public.
County of Sebastian, State of Arkansas, ss:
On this 25th day of August, 1906, personally appeared before me, a notary public within and for the county of Sebastian, State of Arkansas, duly commissioned and acting, D. Langford Pigg, who, being by me first duly sworn, on his oath says: I am 79 years old; my post-office address is Greenwood, Ark.; I have lived at my present place of residence 19 years, and have lived in Sebastian County, Ark., continuously since the year 1870.
I was well acquainted with William M. Moore and Mary E. Moore; knew them in Mississippi; knew them both before their marriage; they were married in the year 1848.
William M. Moore was always looked upon in Mississippi as a Choctaw Indian.
William M. Moore and his family, together with myself and family, left Mississippi in January of the year 1870, our objective point being the Choctaw Nation. I located in Sebastian County, Ark., and Moore stopped there for a short while and finally settled in the Choctaw Nation, at what is now known as Kully Chaha, Ind. T. Said William M. Moore opened up a farm at that place as a Choctaw citizen, and lived on the place he improved until his death, which occurred in the year 1885.
I am personally acquainted with William E. Moore, and was personally acquainted with Bettie A. Lewis (nee Moore) during her lifetime; they were both the children of William M. Moore and Mary E. Moore. I knew William E. and Bettie A. Moore all their lives, and know that they were full brother and sister.
D. L. Pigg.
Subscribed and sworn to before me this 25th day of August, 1906.
[seal] Robert A. Rowe, Notary Public.
My commission expires January 16, 1910.
United States of America,
Indian Territory, Central District:
On this day conies Sillian Beard, who, being duly sworn, on her oath says: I am a citizen by blood of the Choctaw Nation; my age is 50 years; my post- office address is Poteau, Ind. T.
I was well acquainted with William M. Moore during his lifetime. He came to the Choctaw Nation in the year 1875. and settled near Kully Chaha, Ind. T. Said Moore opened up and cleared up a farm near Kully Chaha, and lived on the said farm until his death, which occurred in the year 1885; said William M. Moore and all his family were recognized as citizens of the Choctaw. and exercised all the rights of citizens of the Choctaw Nation, such as taking up lands, sending their children to the national schools of the Choctaw Nation, securing permits for their noncitizen tenants, etc.
William E. Moore and Bettie A. Lewis nee Moore, were children of said William M. Moore, Bettie A. Moore was married to W. A. Lewis, she is now dead: William E. Moore is now living in the Choctaw Nation; and William E. Moore lived at Poteau for several years prior to the year 1896, and sent his children to the national schools of the Choctaw Nation, and their tuition was paid by the Choctaw authorities; said William E. Moore owned a portion of what is now the townsite of Poteau, as a Choctaw citizen, and platted and sold same as any other Choctaw citizen sold improvements; in fact said William E. Moore has always been recognized as a Choctaw citizen since I first knew him. In the year 1875.
Sillian Beard.
Sworn to before me this 27th day of August 1906.
[seal.] Malcolm E. Rosser, Notary Public.
My commission expires December 11, 1906.
United States Of America,
Indian Territory, Central District:
On this day comes James T. Reynolds, who, being duly sworn on his oath says: I am a citizen by blood of the Choctaw Nation: my age is 40 years; my post-office address is Cameron, Ind. T.
I am well acquainted with William E. Moore, who is applying for enrollment as a citizen of the Choctaw Nation: I have been personally acquainted with him for several years. The said Moore was always recognized as a Choctaw citizen.
I was one of the clerks of election. Brazil precinct, at the time the Atoka agreement was ratified by the Choctaw people, in the year 1897, and said William E. Moore appeared at said Brazil precinct and voted at said election, and his right to vote as a citizen of the Choctaw Nation was not questioned when I informed the election judges who he was.
James T. Reynolds.
Sworn to before me, this 29th day of August, 1906.
[seal.] Hosea S. Pilgreen, Notary Public.
My commission expires December 9, 1907.
Indian Territory. Southern District:
On this day comes Wesley W. James, who being by me first duly sworn, on his oath says: I am a citizen by blood of the Choctaw Nation: my age is 36 years; my post-office address is Tishomingo. Ind. T.
I am well acquainted with William K. Moore: I have known him practically all my life; I was living at Poteau, Ind. T.. in the year 1896, at the same time said Moore lived there.
The Choctaw authorities made a census roll of all Choctaw citizens in the year 1896, the commission who made up said roll in Sugar Loaf County was located at and did their work at the Sugar Loaf County court ground: myself and Ed. Walker and C. A. Welch, together with said William K. Moore, went from Poteau out to the court ground for the purpose of enrolling; said Moore and his family was enrolled as Choctaw citizens at that time.
Said William K. Moore and his family have always been recognized as citizens of the Choctaw Nation. I knew the family about, as far back as I can remember.
Wesley W. James.
Sworn to before me this 31st day of August. 1!i06.
[seal.] I. F. Capsham.
My commission expires April 8, 1908.
United States Of America.
Indian Territory. Central District:
On this day comes Alice Fleming, who being first duly sworn, on her oath says:
I am a United States citizen: my age is 33 years: my post-office address is Wilburton. Ind. T.: I am a teacher by profession; I was teacher in the Wilburton neighborhood school of the Choctaw Nation In the year 1902, at which time and place Tony Moore and Jack Moore, the children of William E. Moore, attended my school as citizens of the Choctaw Nation, and they were listed with all the other Choctaw children and their tuition was paid by the Choctaw Nation.
Alick Fleming.
Sworn to before me this 1st day of September. 1906.
[Seal] Clifford V. Perry, Notary Public
My commission expires March 28, 1909.
United States Of America.
Indian Territory. Central District:
On this day comes Bud White, who being by me duly sworn, on his oath says: I am a citizen by blood of the Choctaw Nation; my age is 43 years: my post-office address is Hartshorne. Ind. T.
I am well acquainted with William K. Moore. Said Moore has been recognized as a citizen of the Choctaw Nation since I first knew him. At the general election of the Choctaw Nation, held in August 1902, said William E. Moore appeared at the Hartshorne precinct of Gaines County, Choctaw Nation, and voted at said election the same as any other Choctaw citizen. In the same year, to wit. 1902. said William E. Moore was made a bond and was granted the right to cut hay in said county of Gaines, Choctaw Nation, the same as all other Choctaw citizens. I was the sheriff of Gaines County at the time.
Bud White.
Sworn to before me this 1st day of September, 1906.
[seal.] Samuel A. Maysey, Notary Public
My commission expires 2d day of May. 1908.
United States or America,
Indian Territory. Central District:
On this day comes Louis Rockett. who, being by me duly sworn, on his oath says: I am a citizen of the Choctaw Nation by intermarriage; my age is 46 years; my post-office address is Wilburton. Ind. T.; I am well acquainted with William E. Moore and his family. Said Moore and his family have been recognized as citizens of the Choctaw Nation ever since I first knew them, in 1899. I was local school trustee for the Choctaw Nation in the year 1901 and 1902, at which time Tony and Jack Moore attended the Choctaw school of which I was trustee, and their tuition was paid out of the Choctaw treasury by authority of the Choctaw authorities.
Louis Rockett.
Sworn to before me this 1st day of September. 1906.
[seal.] Clifford V. Peery, Notary Public.
My commission expires March 28, 1909.